Can I Take Off Back Child Support if I Get Money From the State

Everything You Need to Know About Child Support

Last Updated November 14, 2020

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No matter what's gone on between you and your partner your children shouldn't be caught in the crossfire any more than absolutely necessary. Children need support for a lot longer than parents tend to believe and financial support is really the minimum form of comfort any parent can afford to give a child, although for some parents it's all they can offer, especially if they don't have regular access to the child. Child support agencies make sure that parents honor the financial obligation they may not have realized they made when they became parents, so if your former partner is not fulfilling their part of the bargain, you have legal recourse.

Child Support

Although the specific nature of child support differs from state to state, the basic principle of child maintenance is the same across all jurisdictions. The custodial parent or caregiver is provided a regular payment to help cover the cost of bringing up the child. Whether the payment is made directly or indirectly to the caregiver differs from state to state, and in some states where joint custody is given, the parent earning the most gives up a portion of their wage to the other.

The level of payment made is set by the court and then enforced by the Office of Child Support Enforcement so if you're worried about your child's future should you need to walk away from your current relationship, you can be sure that government agencies are in place that will fight for your child's maintenance costs. The Social Security Act means that every child across the nation is covered by the same federal law but each state determines the way it's applied so you'll need to check out the website for your state when you need specific information on how the law is applied in your case.

Child Support Letter

If you and your former partner are able to discuss your child's upbringing in a civilized way, you might not need to go to court to organize child support. Instead, you can write up and sign a child support agreement letter that formally recognizes the responsibilities of both parties. This can be written by one or both of the divorcing parents or it can be created by a third-party like a lawyer who will have to witness the letter. You might need to get the agreement approved by a judge, so make sure that you get legal help before finalizing the agreement.

Income Shares Model

There are three basic models that child support is calculated on. The first is the Income Shares Model which makes sure that offspring receive the same financial support they would have if the parent were still together. It works out an approximate amount the parents would have spent on the child and then divides that between the parents. In this model, if one parent earns more than the other, they take on a larger proportion of the child support.

Percentage of Income

The second model is the Percentage of Income method that determines the level of support using a percentage of the noncustodial parent's income. The assumption here is that the custodial parent is spending all of their income on raising the child so the non-custodial parent needs to help out. The courts set the amount the supporting parent has to pay which can fluctuate as the non-custodial parent's wages change with time. According to the Census Bureau Reports, the average monthly child support payment across the nation is $430.

Melson Formula

This is a complex model that takes into account a parent's increased income over time so that it can incorporate a Standard of Living Adjustment (SOLA). A six-step process is used to look at the child's primary support needs like education and medical bills, childcare costs and then the kid's extraordinary medical expenses. These amounts are calculated together and then the court takes into account each parent's minimal needs to determine the amount of support each is obliged to give.

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Can I Take Off Back Child Support if I Get Money From the State

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